Sofia Vergara is speaking out for the first time about the controversial lawsuit brought against her by her former fiance, Nick Loeb.
Loeb is suing the 42-year-old Modern Family actress over two frozen embryos that were created using his sperm and her eggs while the two were still in a relationship. In the wake of their breakup last May, Loeb is suing his ex -- who is now engaged to Magic Mike XXL's Joe Manganiello -- claiming that the actress wishes to have to embryos destroyed, whereas he wants the legal right to attempt to bring the embryos to life via surrogate.
In a new interview with Howard Stern on his SiriusXM channel, Vergara says Loeb has no case since he signed a contract.
"There is a contract that he can't do anything," she says. "We wrote what we wanted at the time. It's not like a contract [where] they give [it to] you right there the moment they're gonna take the eggs out -- no, they give you this in advance. You see it, you review it, and not only that, we did it two times. ... Two times and suddenly you want to change your mind?"
"What judge is going to say OK?" she later adds. "Even if it's life or not life, it's not what he signed at the moment. You know, you should have thought about all of that."
In the candid interview, the Hot Pursuit star also gives a reason why having a child with her ex would be far from ideal.
"More than a mother, [a child] needs a loving relationship of parents that you know, get along, that don't hate each other,” she says.”I don't hate him but obviously he has a problem with me. … I wouldn't imagine anyone saying to bring to the world kids that already have everything set up wrong for them. It'd be so selfish."
Her lawyer Fred Silberberg told ET last month that Loeb's case has "no merit."
"Vergara has never suggested that she wished to have the embryos destroyed," Silberberg said. "She has always maintained that they be kept frozen, a fact of which Loeb and his counsel have always been aware, despite Loeb's statements to the contrary."
And is all of the lawsuit drama affecting her relationship with Manganiello?
"We try not to even talk about it," she shares. "We have lawyers and we're having so much fun right now. We're moving to our new house ... we're planning our wedding."
"It was a surprise when we got engaged, we had only been going six months," she recalls, also dishing that her massive engagement ring is about seven carats and worth over $100,000. "So he gave me the ring and I'm like, 'Oh my God, yeah, of course.' I'm obsessed with him, super in love."
She also reveals the super-sweet gesture that is sure to have all his Magic Mike fans swooning over him even more.
"He proposed in Spanish, can you believe that?" she laughs. "He did really good. It wasn't just two words, it was like, a whole thing."